1. PTAB Litigation 2016 Part 10 – Covered Business Method and Post Grant Review

2. CBM/PGR Differences
Differences in time periods of availability, parties who have standing, grounds of challenge available, standards of review, and estoppel;
In general, when available (largely because of estoppel):
CBM > PGR > IPR;
Note that there will not be an instance where both PGR and IPR are available for challenging a patent at the same time.

3. CBM/PGR Differences - Standing
IPR – Person who is not the patent owner, who has not previously filed a declaratory judgment action, and who has not been served with a complaint alleging infringement more than 1 year prior (exception for joinder);
CBM – Person sued or charged with infringement of patent for financial product or service, excluding technological inventions;
PGR – Person who is not the patent owner and who has not filed a declaratory judgment action.

4. CBM/PGR Differences – Grounds available
IPR - §§ 102, 103 based on patents and printed publications;
CBM - §§ 101, 102, 103, 112 (not best mode);
PGR - §§ 101, 102, 103, 112 (not best mode), double patenting.

5. CBM/PGR Differences - Estoppel
IPR – Grounds raised or reasonably could have raised in IPR at PTO, district court, and ITC;
CBM – Grounds raised or reasonably could have raised at PTO; grounds actually raised at district court;
PGR - Grounds raised or reasonably could have raised in PGR at PTO, district court, and ITC.

6. CBM/PGR Differences – Standard of Review for Institution
IPR – Reasonable likelihood;
CBM – More likely than not;
PGR – More likely than not.

7. CBM/PGR Differences - Timing
IPR – For first-inventor-to-file patents, 9 months after issue or after any prior PGR is terminated;
CBM – Any time that PGR is not available for the patent;
PGR – For first-inventor-to-file patents, from patent grant to 9 months after patent grant or reissue; not available for first-to-invent patents.